R-2012-052-2012-04-23 RESOLUTION NO. R2012-52
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND,
TEXAS, AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO
ENTER INTO A CONTRACT WITH BRAZORIA COUNTY MUNICIPAL
DISTRICT NO. 4 ("DISTRICT") FOR THE OPERATION AND
MAINTENANCE OF THE DISTRICT'S WATER AND SEWER SYSTEM.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS:
Section 1. That certain Agreement by and between the City of Pearland and the
District., a copy of which is attached hereto as Exhibit "A" and made a part hereof for all
purposes, is hereby authorized and approved.
Section 3. That the City Manager or his designee is hereby authorized to execute
and the City Secretary to attest an Agreement with the District.
PASSED, APPROVED and ADOPTED this the 23rd day of April, A.D., 2012.
TOM REID
MAYOR
ATTEST:
4 1 , � :off.
• NG fi ING/ RM► `► AP"-
Y S'�'RETARY '��
APPROVED AS TO FORM:
Cop----art
DARRIN M. COKER
CITY ATTORNEY
ALLEN BOONE HUMPHRIES ROBINSON LLP
ATTORNEYS AT LAW
PHOENIX TOWER
3200 SOUTHWEST FREEWAY
SUITE 2600
HOUSTON,TEXAS 77027
TEL(713)860-6400
FAX(713)860-6401
abhr.com
Direct Line: (713)860-6490 Jessica Kate Jones
Direct Fax: (713)860-6690 jjones@abhr.com Legal Assistant
May 14, 2012
City of Pearland
Attn: Claire Bogard
3519 Liberty Drive
Pearland, Texas 77581
Re: Brazoria County Municipal Utility District No. 4
Dear Ms. Bogard:
Enclosed for signature, please find two (2) Operating Agreements for Water and
Wastewater Facilities within Brazoria County Municipal Utility District No. 4. Please
see that the documents are properly executed and upon execution, please return one (1)
original to me at the above address.
Please do not hesitate to contact me directly if you have any questions.
inc• ely,
11100
Jess4 ate Jones
Enclosures
il1r ivk)L_D c Gy\\.x- c.,z,
385237
EXHIBIT"A"
Resolution No. R2012-52
OPERATING AGREEMENT FOR WATER AND WASTEWATER FACILITIES
WITHIN BRAZORIA COUNTY MUNICIPAL UTILITY DISTRICT No.4
Parties and Effective Date
This Operating Agreement for Water and Wastewater Facilities Within Brazoria
County Municipal Utility District No. 4 ("Agreement") is entered into effective the 1st day
of June 2012 ("Effective Date"), by and between the CITY OF PEARLAND ("City"), a home
rule municipality, and BRAZORIA COUNTY MUNICIPAL UTILITY DISTRICT NO. 4
("District"), a political subdivision of the State of Texas, organized and operating pursuant
to Article XVI, Section 59 of the Texas Constitution and Chapters 49 and 54 of the Texas
Water Code.
Purpose
The District currently owns and operates certain water and wastewater production,
distribution, collection, transmission and treatment facilities ("District Facilities"), as
described in Exhibit 1, attached and incorporated. The City intends to annex the District
for all purposes on or about December 31, 2012, and, at that time, all District Facilities will
become City facilities. The purpose of this Agreement is to allow the City to take over
maintenance and operation of District Facilities and billing for water and sewer service to
District customers as of June 1, 2012, on the terms described herein.
Consideration
The City and the District agree that this Agreement is supported by good, valuable
and sufficient consideration and acknowledge their respective receipt of same.
1. Maintenance and Operation
1.01 Beginning on the Effective Date, the City shall maintain and operate the District
Facilities at standards no less than and in a manner at least equal to comparable facilities
then-owned and operated by the City. The District shall remain the sole owner of the
District Facilities and shall own all capacity in the District Facilities. The City's duties and
obligations shall include, but not be limited to those listed in Exhibit 2, attached and
incorporated, provided that any items not listed in Exhibit 2 are specifically related to the
operation, maintenance,and billing associated with District Facilities.
1.02 As soon as practicable, the City shall notify the District of any emergency, as defined
herein, at any of the District Facilities.
1.03 The District shall provide the City with a set of record drawings of the District
Facilities and, no later than five business days after the last party executes this Agreement,
the District shall provide the City with a list of customer names, addresses, deposit data,
and balances due ("Transfer Information") to the extent such information is available from
379636
the current operator of the District Facilities. Also to the extent available from the District's
current operator, the District will forward updated Transfer Information to the City on May
31, 2012.
1.04 The City shall use due diligence and good business practices in discharging its
obligations under this Agreement, and in strict compliance with all applicable local, state
and federal laws, rules and regulations. The City agrees that it is liable for any loss, injury,
fines, penalties or damages ("Claims") resulting from the willful misconduct or negligence
(whether active, passive or gross) of its employees, agents, representatives, contractors or
subcontractors. The City, however, shall not be responsible for any Claims resulting from
the District's rejection of the City's written operational recommendations which would
have prevented the damage, fine, penalty or claim.
1.05 In its sole discretion and under its sole supervision, the City may use contractors or
subcontractors to perform any or all of its obligations under this Agreement; however, the
City shall not be entitled to any additional compensation from the District for such use.
1.06 It is the City's intention to remove and replace all meters within the boundaries of
the District, at no cost to the District, and the District hereby authorizes such removal and
replacement and acknowledges that all such replacement meters are property of the City.
All District meters removed by the City shall be sold at auction by the City and all proceeds
remitted to the District.
1.07 For services not anticipated by and not specified in this Agreement, the City and the
District shall negotiate in good faith the amount to be paid by the District to the City for
such services.
2. Emergency Repairs
2.01 Emergencies include: a hazardous condition(s) associated with District Facilities; a
loss of water pressure at one or more customer locations; a serious degradation of water
quality at one or more customer locations that, in the reasonable opinion of the City, poses a
threat to the customers; a blockage of any type in the sewage collection system; degradation
of the wastewater treatment plant effluent resulting in a permit violation; a condition
which, in the City's opinion or in the opinion of the District's engineer poses an immediate
threat to develop into any of the foregoing; and/or any other condition or occurrence
which, in the reasonable professional opinion of the City or the District's engineer, poses an
immediate threat to the District, the District's Facilities and/or the District's Customers.
2.02 The City will respond to any emergency regardless of the day or time of day. If, in
the City's opinion, the estimated cost of the emergency repair or replacement will exceed
$2,500, the City shall contract the District's engineer or, if unavailable, the District's Board
president, to notify the District of the situation and the necessary repair or replacement.
379636 2
3. Billing, Collection,Termination, Reconnection, Removal,Reinstallation
3.01 The City shall bill all District water and/or sewer customers ("District Customers")
pursuant to the terms of the District's then-current Rate Order ("Rate Order"), and shall
send delinquency notices to all District Customers pursuant to the terms of the Rate Order.
The City shall terminate (disconnect) and re-establish (reconnect) water and sewer service
and shall remove and reinstall meters pursuant to the terms of the Rate Order or other
order or direction of the Board.
3.02 The City may make adjustments in District Customers' billings for up to $25.00 per
billing cycle per customer address. Adjustments in excess of $25.00 shall be referred to the
Board for disposition.
3.03 District Customers shall remit payment for water and sewer services to the City and
the City shall transfer all funds ("District Funds") received from District Customers, within
24 hours of receipt, into a separate City account dedicated only to District receipts under
this Agreement. The City shall wire transfer all District Funds to the District's designated
account on or before the 10th day of each month, with the first transfer being due on or
before July 10, 2012. The City recognizes that all funds the City collects on behalf of the
District are public funds and the City has no right of set-off, counterclaim, abatement,
suspension or diminution against such money, and agrees that the City's accounts,
including the separate City account dedicated only to the receipt of District Funds under
this Agreement, comply with the Public Funds Collateral Act. The City shall maintain a
clear audit trail of all payments received and all disbursements made on the District's
behalf and, upon reasonable request by the bookkeeper shall furnish documentation
showing remittance and transfer reconciliation.
4. Monthly Report and Meeting Attendance
4.01 The City shall submit a written report to the District no later than the first
Wednesday of each calendar month (beginning July 4, 2012), which shall include, at a
minimum, the items listed on Exhibit 3, attached and incorporated. The report shall be
submitted via electronic mail to the District's bookkeeper, Steve Haskins, Protocol
Bookkeeping, Inc. (shaskins @earthlink.net) and to Jessica Jones (jjones @abhr.com).
4.02 A City representative shall attend each regular meeting of the District's Board of
Directors.
5. Enforcement of District Rate Order
5.01 The City agrees to strictly and impartially enforce the District's Rate Order as to all
matters within this Agreement.
6. Payment for Services Rendered
379636 3
6.01 The District shall pay the City $25,833.00 ("Monthly Fee") per calendar month for
the services rendered by the City under this Agreement, with the first payment being due
on or before July 16, 2012, for services rendered between the Effective Date and June 30,
2012. Assuming timely receipt of an invoice from the City, subsequent payments shall be
due no later than six (6) business days following the District's regularly scheduled monthly
Board meetings.
6.02 Notwithstanding anything herein that may be read to the contrary, in addition to the
Monthly Fee, any single repair or replacement made under this Agreement costing more
than $15,000.00 shall be paid by the District. In such instance, the City shall notify the
District in advance of the repair or replacement and shall invoice the District, which invoice
shall be paid as soon as practicable but no later than 40 days after the invoice is received,
unless otherwise agreed. As applicable, the City shall follow all competitive bidding or
other similar requirements.
6.03 Also in addition to the Monthly Fee and the charges, if any, in Section 6.02, the
District shall pay the City the difference, if any, between the materials cost the District is
paying for fire hydrant paint under its current contract with SWWC and the cost the City
pays for fire hydrant paint.
7. Transition Period
7.01 The District's current operator ("SWWC") will cease operation and maintenance of
the District Facilities on May 31, 2012. The City will take all necessary steps prior to
SWWC's termination to assure a smooth transition, and the District shall direct SWWC to
cooperate with the City in the transition.
7.02 Although SWWC has indicated that it will continue to serve the District through
May 31, 2012, if it does not, the District may request that the City begin service under this
Agreement prior to the Effective Date. In such event, the City will determine, in its
discretion, whether it is staffed and equipped to do so, and, if the City agrees to early
commencement, the District will pay the City for any such services rendered pursuant to
the pricing structure of the District's current contract with SWWC. The City shall invoice
the District for any such service(s), which invoice(s) shall be paid as soon as practicable but
no later than 40 days after the invoice is received, unless otherwise agreed. As applicable,
the City shall follow all competitive bidding or other similar requirements.
8. Termination
8.01 This Agreement shall terminate without action by either party upon the District's
annexation into the City for full purposes ("Annexation Date").
8.02 Prior to the Annexation Date, either party may terminate this Agreement, in its sole
discretion, upon at least 30 days' written notice to the other.
379636 4
9. Agreement Controls
9.01 All terms and conditions of any other agreements between the City and the District
that are not specifically addressed by this Agreement remain in full force and effect. In the
event, however, of any conflict between this Agreement and any provision(s) of such other
agreements as to the subject matter herein, the terms of this Agreement control.
[EXECUTION PAGES FOLLOW]
379636 5
OPERATING AGREEMENT FOR WATER AND WASTEWATER FACILITIES
WITHIN BRAZORIA COUNTY MUNICIPAL UTILITY DISTRICT No.4
CITY OF PEARLAND, TEXAS
By:
Title: Mayor, City of Pearland
ATTEST:
Ci ecretar `"• �� °"
Y
COUNTERSIGNED:
By: - ICL'A
Title: Darin Coker, City Attorney
379636 6
OPERATING AGREEMENT FOR WATER AND WASTEWATER FACILITIES
WITHIN BRAZORIA COUNTY MUNICIPAL UTILITY DISTRICT No.4
BRAZORIA COUNTY MUNICIPAL
UTILITY DDS NO. 4
, 71,:c //
/ ()tilde e ' , Board of Directors
ATTEST:
r
=UMW/ Boa, of Directors
7
379636
EXHIBIT 1:
Operating Agreement for Water and Wastewater Facilities Within Brazoria County
Municipal Utility District No. 4 by and between the CITY OF PEARLAND and
BRAZORIA COUNTY MUNICIPAL UTILITY DISTRICT NO. 4
Water and Wastewater Facilities List
Sanitary Sewer Lift Station No.1 (Country Place Lift Station)
Year Built: 1980
Year Rehab: 2011/2012 (Added third pump,replaced control panel,coated wet well,
replaced piping in wet well and other misc. improvements)
Address: 3210 S. Peach Hollow Circle, Pearland,TX 77584
Emergency Power: Natural gas generator with automatic transfer switch (2011)
Sanitary Sewer Lift Station No.2 (The Lakes at Country Place Lift Station)
Year Built: 1998
Year Rehab: 2011/2012 (Added third pump and other misc. improvements)
Address: 510 Countryplace Blvd., Pearland,TX 77584
Emergency Power: Natural gas generator with automatic transfer switch (2011)
Water Plant and Water Well
Year Built: 2000
Year Rehab: 2011 (Painted two HPTs inside and outside)
Year Rehab: 2010 (Replaced submersible well motor and cleaned screens)
Address: 407 Chickory Wood Court, Pearland,TX 77584
Water well is located at intersection of Chickory Wood Ct. and E. Cedar
Hollow Dr. (water well receives electrical power from water plant site via
buried electrical lines)
Emergency Power: Natural gas generator with automatic transfer switch (2003)
Water Well: 1,241 GPM at 294' TDH (GM Services Report- 02/2012)
HPTs: 215,000 Gal
Booster Pumps: 21,000 GPM, 1-600 GPM, 1-150 GPM
GST: 500,000 Gal
Disinfection: Chlorine
Waste Water Treatment Plant
Operated by City of Pearland
Owned by Pearland and BCMUD 4
Located in Southdown Subdivision
Distribution and Collection System
- Water distribution system
- Sanitary sewer collection system and force mains
- Storm sewer collection system and outfalls
379636 8
EXHIBIT 2:
Operating Agreement for Water and Wastewater Facilities Within Brazoria County
Municipal Utility District No. 4 by and between the CITY OF PEARLAND and
BRAZORIA COUNTY MUNICIPAL UTILITY DISTRICT NO. 4
Provide certified and/or other qualified personnel, all necessary tools and equipment, all
necessary chemicals
24 hours customer service/call center, including handling all customer service, inquiries
and relations
Implement Identity Theft/"Red Flag" program per District's order
All inspections, testing and analysis, whether for maintenance or regulatory compliance, of
District Facilities, including written logs of same
Routine preventive repair and maintenance of District Facilities, including written logs of
same
Routine flushing (no less than required minimum)
Bi-annual inspection, repair and painting of all fire hydrants, including written report(s)
Annual manhole inspection and repair (rolling basis), including written report(s)
Clean lift stations
Clean chlorine contact basin
Sludge management
Inspections: Sewer tap
Well production (annual)
Vibration analysis (annual)
Commercial meters (annual)
Grease traps (per Rate Order)
Customer service (per Rate Order)
Backflow prevention (per Rate Order)
Prepare and file all required agency operation and compliance reports
Perform all required testing and analysis (water and wastewater)
Read all meters monthly, including quality assurance program for meter accuracy
Telemetric monitoring
Install residential and commercial meters per District Rate Order or other Board order
Disconnect, reconnect and remove meters per District Rate Order or other Board order
379636 9
Exhibit 3
Brazoria County Municipal
Utility District No. 4
OPERATIONS REPORT
MARCH 2012
SouthWest
.. : Water
.. Company
Page 1
BRAZORIA COUNTY MUD # 4
CONNECTION REPORT
MARCH 2012
MAR 23 FEB 23 JAN 23
CONNECTIONS 2012 2012 2012
Occupied Single Family 1,311 1.312 1,312
Vacant Single Family 17 16 16
Multi-Family "
0 0 0
Commercial
20 20 20
Builder
0 0 0
Irrigation
51 51 51
Rental Meters 0 0 0
District Meters
4 4 4
TOTAL CONNECTIONS 1.403 1,403 1,403
Page
Brazoria County MUD #4
Regulatory Information
MARCH 2012
WATER SYSTEM
Bacteriological Analysis
The required 5 samples were taken during Mar-12
TCEQ Chemical Analysis:
Metals 03/33/11
Radio-Chemicals 03/04/10
Volatile Organic Compounds (VOCs) 06/08/03
Minerals
03/22/11
T[iha|0[nethmne Gases (THMs) • 08/06/10
Haloacetic Acids (HAAs) 08/06/10
WATER PRODUCTION
Purchased From CITY OF PEARLAND
Sold To
Pumped 9.371.000 at Water Plant #1
Total Supplied 0,371.000
Daily Average 302,290
Page 3
Brazoria County MUD #4
Water Production and Accountability Report
Meter Read Produced Purchased Metered Sold` Unmetered Accountability' Four Month
Date (MG) (MG) (MG) (MG) (MG)
12/15/09-01/15/10 0.000 8.000 7.688 0.000 0.086 (%)< Average
01/16/10-02/15/10 4.826 `7'.16 95 8
2.000 6.298 0.000 0.075 93.38
0
02116/10-03/15/10 6.953 0.000 7.109 91 97 1
03,'16110-04113110 1 0.000 0.046 102. x•7.9
0 930 0.000 10.192 0.000 0.000 93 25 96 7
04/14/10-05/10/10 13.040 0.000 12.997 0.000
051`11/10-06/09/10 16.142 0.000 15.581 0.000 0.020 97.2 98 3
06/10/110 07109110 15.230 0.500 15,613 0.000 0.092 97,27 97 5
07/1010-08/09/10 14.529 1.350 14.218 0.000 90.28 96.8
08/10/10-09/03110 17.214 0.000 16.490 0.000 0.914 90.28 95.9
09/09/10-10106/10 11.951 0.000 11,256 0.000 0.077 94.92 95.3
10107/10- 11/08/10 1 0.087 94.91 _ 95.E
6.121 0.000 15:439 0.000 0.068 9619 u
11109/10 v 12/0/7/10 10,248 0.000 9.843 4.4
0.000 0.062 96.65 96.0
12/08/10-01/10/(11 11.562 0.000 10.074 0.000
1 01/11/1. -02/081`11 6 925 0.000 6.904 0 0.078 94.7 6 9000 0.070 99.70 97.0
02/09.111 -03/0911/ 8.927 0.000 g 3 7 0
19 0.000 0.078 94.06 96.
03/10/11 -04/07/11 13,763 0.000 13.151 0.000
0.078 96.12 96 6
04/08/11 -05/06/11 19.062 0.000 18.380 0.000 0.056
05/07/11 -06/08/11 28.E . , 99.05 96,5
632 0.000 �8. 00 0.000 01.060 99.05 e,6.5
06109/11 -07111/11 30.425 0.000 28.510 0.000
07/12/11 -08/08/11 18.673 0.400 17.948 0.000 0 856 98.59 97.1 5
08/09/11 -09107/11 22,499 0.000 21.443 Q.000 0.005 95.33 96.7
09/08/11 - 10(07/11 23.574 0.065 95.33 96.2
0.000 22.739 0.000 0.065 96.73 96 2
10,/08/11 - 11/09/11 19.297 0.000 18.217 0.000
11/10/11 -12/13111 13.935 0.000 13.182 0.000 0.000 94.40 96.3
12/14/11 -01/12/12 8.449 0.000 7 965 0.000 94.27 95 0
01/13/12- 02111/12 7 068 0.000 6 J55 0.000 0.000 94.27 95 4 7
02/12/12-:!3114112 F3 015! 0-000 0.000 9 .57 9'4 i
0.000 7.707 0.000 0.000 95.66 95
Page 4
BRAZOR1A COUNTY MUD # 4
MARCH 2012
OPERATIONS CHARGES:
1. Operations Fees 4.318.53
2. Builder Services
400.00
3. Water Distribution 8.010.48
3 Sanitary Sewer Collection 449.25
5. Lift Station
455.89
6. Water Production 7.007.98
7. Storm Sewer
1.714.35
8. Administrative Services 1.720.38
TOTAL OPERATIONS CHARGES $24,991.86
3RAZORIA CO MUNICIPAL UTILITY DISTRICT NO. 4 ANNUAL
RED FLAG COMPLIANCE REPORT
(.I)The Coordinator will submit a written report to a designated employee at the Senior Management
level regarding compliance by all Covered Personnel, by no later than January 30 of each year.
(2)Contents of report. The report should address and evaluate issues such as:
• the effectiveness of this Policy and associated procedures in addressing the risk of Identity
Theft in connection with the opening of new Covered Accounts or maintaining existing
covered accounts
i
licr,,e efiectively Itnt'ale in ented verification procedures,f Or new covered accounts which require les"to
ri/e the tr,0 rn tienl provided d to us by our customers. lithe information is not verified then the.customer
e asked., te. appear in person at our payment window with anvropriute documentation.
(`ustomers are required to establish a password in order to access their account. .9t the beginning;at each
oil the (Sks request the password.
• service provider arrangements
1?I C cioo cr Service providers with access to covered accounts have been trained in Red Hai' Policies.
• significant incidents involving Identity Theft and management's response
kre have had no seriotrs incidents of identity shelf since we implemented the District Red Flag Polk-v.
• recommendations for material changes to this Policy and/or associated procedures
Irer I eck no m,vterurl changes to the District Policy or eassoctuted procedures are recommended_
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CITY OF PEARLAND
ANALYSIS OF COSTS
MUD 4
ANNUAL 7 MONTHS
Crew
Crew Leader 53,681 31,315
Maintenance Workers (2) 77,098 44,974
Capital + Maintenance Cost (Deprec. + Maint
F250 Super Cab-5 years 40,616 4,739
F450 Crew Truck-8 years 74,789 5,453
20Ft Gooseneck Trailer-10 years 5,850 341
Excavator- 10 years 57,309 3,343
Fuel & Maintenance 4,300 2,508
UTILITY BILLING/COLLECTION
Meter Reading/Billing/Collections 18,733
Bills/Postage 4,400
*postage based on current rates
Total Costs for 7 Months 115,806
Materials/Supplies 47,170
Total Operations 162,976
Conversion Costs
Meter Change Out/Set-Up
Meters
Total Conversion
Total Budget Adjustment
City of Pearland
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